OYSTERBAR TERMS AND CONDITIONS
This section (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions that will apply to any contract between us for the sale of our Goods to you.
It is important that you read and understand these terms and conditions before you place an Order with us. If there is any term that you do not un-derstand or do not accept, then please discuss this with a member of our Sales team before placing your Order or, if a member of our Sales team is unavailable, contact our Customer Services team by telephone (02038260025) or by email (firstname.lastname@example.org).
By ordering any of our Goods, you agree to be bound by these terms and conditions.
a. When the following words are used anywhere in these Terms, they will have the meanings set out below:
Event Outside Our Control:is defined in clause 15.
Goods: the watch, watch winder, watch accessory or other goods that we are selling to you as set out in the Order.
Order: your order for the Goods.
Our website, the website: the website at the domain http://www.oysterbar.watch
Paperwork: the original warranty certificate of the Goods, which includes: (1) the name of the authorised dealer that originally sold the Goods; (2) the serial number of the Goods; and (3) the date of original sale of the Goods. Paperwork does not include the user manual or any service papers.
Terms: the terms and conditions set out in this document.
Oysterbar, we, us, our: Watches of Knightsbridge Ltd (registered in England and Wales with company number 07636851).
Website: the website at the domain www.oysterbar.watch
Work: servicing, refurbishment, battery replacements, testing, links (addition or removal) and/or other work as applicable.
Working Days: a day other than a Saturday, Sunday or public/bank holiday in England.
b. Clause headings shall not affect the interpretation of these Terms.
c. A reference to writing or written includes e-mail.
d. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
e. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. OUR CONTRACT WITH YOU
a. Our Goods are age restricted. By placing an Order for the Goods, you are declaring that you are 18 years of age or over.
b. You can check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the Order process.
c. When you submit an Order, your Order represents an offer to us to purchase the Goods. This does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 2(d).
d. If we accept your Order, we will confirm our acceptance by sending you an e-mail (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation. Any Goods forming part of the same Order which we have not confirmed in the Order Confirmation do not form part of that contract.
e. All Goods shown on our Website are subject to availability. If we are unable to supply you with the Goods (for example, because the Goods are no longer in stock), we will let you know by telephone or by e-mail and we will cancel your Order. If you have already paid for the Goods, we will refund you the full amount within 5 Working Days of cancellation (unless we reasonably suspect a fraudulent card payment, see clause 16).
f. On occasion the Goods displayed for sale on our Website will not be available for dispatch until Work has been completed (for example, the Goods may be with a manufacturer undergoing a service or awaiting parts at the time your Order is made). We will let you know prior to acceptance of any Order if this applies to your Order.We endeavour to complete the Work within a reasonable period of time and meet any anticipated completion dates where given. However, due to our reliance on third parties, it is difficult for us to give accurate estimated dates for completion. You can cancel your Order at any time before dispatch of the Goods – see clause 13 which explains your rights to cancel your contract with us.
g. All Goods will remain available for sale on our website until you have paid the balance in full, irrespective of any third party finance application made by you.
h. The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3. PRICE AND PAYMENT
Please be aware that all currency values in the Terms and Conditions are in GBP and are therefore subject to the current exchange rate at the time of transaction. This does not affect your Consumer Rights.
a. The price of the Goods will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
b. The prices quoted on our Website are in Pounds Sterling. Payments must be made to us in Pounds Sterling and any refunds will only be issued by us in Pounds Sterling. We do not accept liability for fluctuations in the exchange rate, which may affect any refund if you are based outside the UK.
c. The price quoted includes VAT (or similar sales tax) at the prevailing rate.
d. The price of the Goods excludes delivery costs. Our delivery charges will be notified to you pursuant to clause 4(c) and will be added to total amount due and shown in the Order Summary page of our Website before you place your Order.
e. You must make payment for the Goods at the same time as placing an Order, unless we agree otherwise, and in any event we must receive full and cleared funds prior to dispatch of the Goods. Unless we notify you otherwise, we can accept payment by the following methods if you are based in the UK:
f. Credit card or debit card: In person by chip & pin. Online payments must be 3D secure & AVS approved. The billing address must match the delivery address and where the address does not pass AVS or 3D secure we have the right to cancel the transaction, ask you to provide proof of address or request for an alternative payment method to be used. We do not take card payments over the telephone.
g. Cash: We accept cash payment up to a maximum of £8,000.00. You will be asked to provide evidence of identity and proof of address for all cash payments made of £2,000.00 or more;
h. Cheque: Payable to ‘Watches of Knightsbridge Ltd.’ Please allow up to 9 Working Days for funds to clear into our account;
i. Bank transfer: We accept payment by CHAPS, BACS, faster payment (same day) transfers or international transfers. We will advise you of our account details prior to accepting any Order; please note that we will only dispatch Goods one working day after the payment has cleared into our account.
j. Part exchange: Where your purchase of the Goods also involves your sale of a watch, we can accept your current watch as part payment towards the Goods. You will be advised of the part exchange allowance we attribute to your watch before your Order is confirmed. Where your part exchange allowance exceeds the purchase price of the Goods, we will issue you with the appropriate credit by bank transfer. Where your part exchange allowance is less than the purchase price of the Goods, you can pay the outstanding balance using another method listed above. Our Sell Your Watch terms and conditions also apply; or
k. Finance options: We have a commercial relationship with a credit provider offering various finance options. We and/or our credit provider can refuse finance applications at our sole discretion. If we or our credit provider decline your application, you can either pay for the Goods using another payment option or cancel your Order. Further information regarding these finance options is made available on the Website.
a. All Orders will be dispatched the next working day after your order has been confirmed in accordance to section 2.d). Goods dispatched to the UK will be via Royal Mail Next Day Special Delivery service free of charge and fully insured by our insurance. Goods dispatched outside of the UK will be via FedEx Express which aims to deliver the parcel within 48 hours (this will normally be longer when customs clearance is required). These parcels are insured by our third party insurance provider Malca-Amit Ltd in full. Occasionally delivery may be affected by an Event Outside Our Control. Please see clause 15 for our responsibilities when this happens.
b. We cannot deliver the Goods to the following countries (the ‘Excluded Countries’): Afghanistan, Angola, Armenia, Azerbaijan, Democratic Republic of Congo (formerly Zaire), Iran, Iraq, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Mainland China, Nigeria, North Korea, Rwanda, Russia, Somalia, North and South Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan and Yemen.
c. Delivery charges will be shown in the Order Summary page of our Website.
d. We will not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or information required by customs.
e. A signature is needed for receipt of the Goods by an adult (aged 18 years or over) at the delivery address (whether yourself or a member of your household). If no-one is available when the carrier attempts delivery, the carrier may leave a calling card for you to re-arrange delivery at a more convenient time. Alternatively, you may need to collect the Goods from your local delivery office provided you can produce adequate proof of identity. Any parcel that has been damaged or tampered with should not be signed for and delivery should be refused.
f. We will deliver the Goods to the delivery address given in your Order. If you pay by debit or credit card, the Goods must be dispatched to the billing address of the card holder. We can send the Goods to an alternative address such as a work address when payment is made by bank transfer or cheque. If you purchase the Goods using one of our finance options, we will only deliver the Goods to the address given in the finance agreement (as an anti-fraud measure).
g. Goods may be collected from our offices but by appointment only. Goods can only be collected if payment has been received prior by bank transfer and cleared into our account one working day before collection. If payment is made by card then we request for payment to be made by chip & pin on collection rather than online through our website.
h. Delivery of the Goods will be completed when we deliver the Goods to the address given in your Order or when the Goods are collected from our offices (by you or your representative).
i. If you arrange for another courier to collect the Goods, delivery will be completed when the Goods are collected from our offices. This means that we will not be responsible if the Goods are lost or damaged in the course of transit.
j. The Goods will be your responsibility from the completion of delivery.
k. You own the goods once we have received payment in full.
l. Collection can only be arranged on the buyer’s behalf if payment is made by bank transfer and cleared into our account one working day before collection is made.
If you are based outside the UK, you may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the Goods. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your Order, you should contact your local tax or customs office for further information.
We must state the full value of the Goods for shipping and will provide completed breakdown forms where necessary.
6. MANUFACTURER WARRANTY
Due to the age of the watches that we sell, they do not come with a manufacturer warranty.
7. OYSTERBAR WARRANTY
We provide a mechanical warranty for a period of 12 months from the date of delivery in accordance with the following Warranty terms and conditions.
a. Our warranty does not cover theft or loss of the watch.
b. Our warranty does not cover normal wear-and-tear or damage caused to the watch by accidents or mishandling/mistreatment. We will endeavour to repair the damage caused but this will be at your cost.
c. We do not provide a waterproof guarantee. The watches will withstand splashes of water but we recommend no contact with water especially fully submerged for example whilst swimming or in the shower. Therefore our warranty does not cover damage caused to a watch due to water. We will endeavour to repair the damage caused but this will be at your cost.
As a consumer, the warranty we provide is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from the local Citizens’ Advice Consumer Service (website www.adviceguide.org.uk or call on 03454 040506).
8. WATER RESISTANCE
a. Due to the age of the watches we do not provide any waterproof guarantees. The watches will withstand splashes of water but we recommend not contact with water.
b. To preserve the original components of the watch it is essential to ensure that the crown and pushers of your watch are pushed in or screwed down, depending on model.
9. BRACELET SIZES
Bracelet sizes are stated in the Goods description on our website. If additional links are required we will endeavoUr to supply them at an additional cost.
10. PAPERWORK & MANUFACTURE DATES
a. If the Goods are sold with Paperwork, the age of the Goods is calculated either from the date given on the Paperwork, which is when the Paperwork is officially stamped by the authorised dealer (‘Age’) or by the approximate manufacture date as this may be significantly earlier than the Paperwork date.
b. If the Goods are sold without Paperwork, it can be difficult for us to calculate the Age of the Goods. While the Age has been given in good faith (calculated by reference to the serial number), you acknowledge that the Age of the Goods listed on the Website is an estimate only and opinion based. We are not liable if the watch is later deemed to be manufactured or sold at a different date.
c. If the Goods are sold without Paperwork, no representation or warranty, express or implied, is made by us in relation to the accuracy of the Age of the Goods.
11. RETURNS POLICY
a. Purchases made in store can be exchanged but not refunded when returned within 14 days of purchase in unused condition. If no exchange can be made on the day a credit note will be issued for the original purchase price. Please refer to clause 13(m). This does not affect your usual consumer rights.
b. Purchases made online may only be exchanged or refunded within 14 days of purchase if they are in an unused condition. If Goods are returned we will examine them thoroughly to deem whether or not it has been used.
c. In the event that Goods are returned to you following a refused sale, packaging and insurance will be your responsibility. Oysterbar relinquishes all responsibility for the safe delivery of Goods in this instance. You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
d. Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
e. You must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) promptly and within 14 days of advising us of the relevant Faulty Good.
f. If your Goods are Faulty on delivery and you are based within the UK, we will pay for return postage by Royal Mail Special Delivery.
g. If your Goods are Faulty on delivery and you are based outside the UK, we will pay for FedEx Express shipping to return the watch to us.
h. If you are based in the UK and have a valid claim against your warranty, we will provide you with a pre-paid envelope or shipping label to return your watch to us.
12. FAULTY GOODS
a. We are under a legal duty to supply you with products that are in conformity with the contract.
b. You must inspect the Goods as soon as reasonably practicable after delivery and you must inform us promptly if the Goods are faulty or not as described (‘Faulty’) upon delivery or if you discover faults later.
c. You must take reasonable care of the Goods and you must return any Goods that are Faulty (including Paperwork, links, user manual, service papers and box as applicable) promptly and within 14 days of advising us of the relevant Faulty Good.
d. On confirmation by us following inspection and/or testing that the Goods were Faulty on delivery and provided you were not made aware of the relevant fault at the time of purchase of the relevant Good, you will be entitled to the following remedies:
e. you may ask us to refund your payment less any reasonable deduction in accordance with clause 12(j) for loss of or damage to Paperwork if the relevant Goods (including Paperwork, links user manual service papers and box as applicable) are returned within 30 days of delivery;
f. you may ask us to replace the Goods, though you acknowledge that given the nature of the Goods that we sell, we may not be able to source a suitable replacement, and we are under no obligation to replace the Goods where this impossible or imposes costs on us that are unreasonable, in which case your remedy will be limited to either a refund or repair;
g. you may ask us to repair the Goods, though we are under no obligation to repair the Goods where this is impossible or imposes costs on us that are unreasonable, in which case your remedy will be limited to either refund or replacement; or
h. if we are unable to repair or replace the Goods after one or more attempts, you may ask us to refund your payment
i. All refunds payable shall be paid 14 days of the Goods (including Paperwork, links user manual service papers and box as applicable) being returned to us following your election to receive a refund.
j. You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 30% of the purchase price.
k. We reserve our rights to reduce any remedies if Paperwork is missing or damaged.
l. Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
m. Given our reliance at times on third parties and a world-wide shortage of watchmakers, you acknowledge that a reasonable time for completion of a repair may extend to several months for Events Outside Our Control, for example where manufacturer involvement is necessary to carry out the repair (including in the sourcing of parts).
n. To discuss a problem with your Order, please contact us on 02038260025 or by e-mail email@example.com
o. As a consumer, you have legal rights in relation to Goods that are Faulty. Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website: www.adviceguide.org.uk or call on 03454 040506). Nothing in our Terms will affect your legal rights.
13. YOUR RIGHT TO CANCEL
Subject to clause 11(a & b), you have a legal right to cancel your Order during the period set out in clause 11(c) and receive a full refund.
a. Purchases made in store can be exchanged for a new product (the “Exchanged Order”) but not refunded when returned within 14 days of purchase in unused condition. If the Exchanged Order’s sales price exceeds that of your Order, you will be liable to pay the remaining balance of the transaction. If the Exchanged Order’s sales price is less than that of your original Order, We will issue you a refund for the difference. If no exchange can be made on the day a credit note will be issued for the original purchase price.
b. You may cancel your Order for the Goods without giving any reason. The cancellation period will expire after 14 days from the day after the Goods are delivered to you or your nominated recipient.
c. To exercise the right to cancel you must inform us, please either e-mail the sales advisor that dealt with your Order or e-mail our Customer Services team (firstname.lastname@example.org). You can call on 02038260025.
d. If you cancel your Order we will reimburse you in full.
e. We may make a deduction from the reimbursement for loss in value of any Goods as the result of any unnecessary handling by you. You must take reasonable care of the Goods and you must return the Goods (including Paperwork, links, user manual, service papers and box as applicable). The Goods must be in their original condition.
f. You acknowledge that the Paperwork (where supplied) substantially increases the value of the Goods and that its absence or damage will affect the value of the Goods. If you return the Goods with missing or damaged Paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 30% of the purchase price.
g. Returned Goods will be inspected by our servicing team and you will incur a charge for any Work necessary if the returned Goods are found to be damaged or otherwise compromised from you handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
h. Return postage, packaging and insurance will be your responsibility and at your cost and you must follow our reasonable instructions. We recommend you use a tracked mail system and retain proof of postage. You must insure the Goods to their full value. You must ensure that you pack the Goods appropriately to prevent damage during transit.
i. In the event that Goods are returned to you following a refused sale, packaging and insurance will be your responsibility. Oysterbar relinquishes all responsibility for the safe delivery of Goods in this instance.
j. You shall send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
k. Provided that you comply with the terms of this clause, your cancellation will be actioned upon within 14 days of the date we receive the returned Goods or from when we receive proof that you have sent the goods back to us, whichever is the earliest. If a refund is appropriate, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
l. Advice about your legal rights is available from the Citizens’ Advice Consumer Service (website www.adviceguide.org.uk). Nothing in our Terms will affect your legal rights.
m. When a credit note is issued it is valid for an unlimited time and may be used against any item that we have in stock. If for any valid reason you choose to return an item purchased with a credit note, another credit note will be issued. When selecting your purchase:
i) If your credit note exceeds the purchase price of the stock item, no change will be given for the unused portion of the credit note. If you have a valid reason to return this item, another credit note will be issued to the value of the original credit note.
ii) Where your credit note is less than the purchase price of the stock item, you must pay the outstanding payment balance. If you have a valid reason to return this item, another credit note will be issued for the original credit note amount and only the outstanding payment balance will be refunded back in the manner in which it was originally paid.
It is important to keep your original credit note safe as copies will not be accepted. The credit note must be presented prior to the point of purchase in order for the stock item to be collected or shipped.
14. OUR RIGHT TO CANCEL
a. We may have to cancel an Order before the Goods are delivered, for example, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as possible if this happens.
b. If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you within 7 Working Days (unless we reasonably suspect a fraudulent card payment, see clause 16).
15. EVENTS OUTSIDE OUR CONTROL
a. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control. This does not affect your legal rights.
b. An Event Outside Our Control means any act or event beyond our reasonable control including Acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other competent authorities, interruption or failure of utility services, interruption or failure of our Website or IT system caused by third parties, or delays or non-performance caused by third parties including manufacturers, banking providers, the Royal Mail, DHL or Fedex.
16. FRAUDULENT PAYMENTS
If we reasonably suspect a fraudulent payment, then we will not dispatch any Goods and we will not carry out any refunds until confirmation by our bank or card payments provider.
18. ENTIRE AGREEMENT
These Terms (together with the documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
19. COMMUNICATIONS BETWEEN US
a. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to email@example.com or by post to Watches of Knightsbridge, Michelin House, 81 Fulham Road, London, SW3 6RD.
b. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have given us.
a. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
b. A waiver by us of any default will not constitute a waiver of any subsequent default.
c. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions or paragraphs of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22. THIRD PARTY RIGHTS
Except as expressly provided, this contract is between you and us. No one other than a party to this contract shall have any right to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
23. OUR RIGHT TO VARY THESE TERMS
a. We have the right to revise and amend these Terms from time to time.
b. You will be subject to the terms and policies in force at the time that you place your Order with us, unless any change to those terms or policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those terms or policies before your Order is accepted by us (in which case we have the right to assume that you have accepted the change to the terms and policies by proceeding with your Order).
24. TRANSFER OF OUR RIGHTS AND OBLIGATIONS
We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
25. GOVERNING LAW AND JURISDICTION
a. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
c. Although you agree that these Terms are governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation, if you are a U.S. based purchaser and bring a claim arising out of a transaction with Oysterbar in a U.S. court, you agree to resolve any disputes related to this agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer these services at the terms designated, and that your assent is an indispensable consideration to this agreement. You also acknowledge and understand that, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
26. OUR DETAILS
Oysterbar is a trading name of Watches of Knightsbridge Limited, whose registered office is at Michelin House, 81 Fulham Road, London, SW3 6RD, registered in England & Wales under company registration number 07636851. Our main trading address is Michelin House, 81 Fulham Road, London, SW3 6RD. Our VAT number is 119999451.
As a consumer, nothing in these Terms will affect your legal rights.